Who can get pain and suffering damages for a car accident?

In a lawsuit following a car accident, the plaintiff may ask for pain and suffering damages.  Pain and suffering is both the physical and the mental distress suffered after a car accident.  Pain and suffering includes the actual physical injuries visible because of the accident, and the emotional pain that may be harder to see and quantify.  Pain and suffering can include the plaintiff’s limitations on activity, embarrassment from the physical injuries, and emotional distress, like depression. 

Calculating pain and suffering is difficult.  If the case goes to the jury, then the jury is responsible for setting the monetary award for pain and suffering.  This makes the calculation almost entirely subjective.  In calculating pain and suffering, the jury examines many different factors.  For example, the jury evaluates whether they believe the plaintiff is telling the truth about her pain and suffering, whether the pain and suffering is likely to continue into the future, and the impact of the injury on the plaintiff’s everyday life.  In addition, some states have set a cap on the maximum amount that can be awarded by a jury for pain and suffering damages.

If you suffered an injury following a car accident, contact an experienced personal injury attorney as soon as possible.  An attorney will evaluate whether you are eligible to receive pain and suffering damages following your car accident.